Effective Date: August 1st, 2024
The following Terms and Conditions (“Agreement”) govern the services provided by Mendieta Air Conditioning Services Limited (“we,” “our,” “us”) to customers (“you,” “your”). By engaging our services, you agree to the terms outlined herein. These terms apply to all installations, service calls, and projects, unless otherwise specified in a signed contract or agreement.
1. Residential Installations
1.1 Deposit: A 50% refundable deposit is required before commencing any work, including administrative tasks such as providing documentation to strata or other regulatory bodies. This deposit secures the project and initiates the process.
1.2 Refund of Deposit:
In the event that external factors, such as strata denial, prevent the project from proceeding, the deposit will be refunded in full. However, if the deposit was made using a credit or debit card, any transaction fees incurred by our payment processor may be deducted from the refunded amount. Mendieta Air Conditioning Services Limited will not be held responsible for these transaction fees, which are subject to the terms of the payment processor.
If the customer cancels the project for reasons not related to external factors, a 10% cancellation fee will apply. The cancellation fee will be deducted from the deposit, and the balance, if any, will be refunded.
1.3 Final Payment: The remaining 50% of the total amount is due upon completion of the job, defined as the completion of the agreed-upon installation. If delays occur due to factors outside our scope of work (e.g., inspections or delays caused by other trades), full payment is still required upon our completion of the installation. Any further work needed due to external factors will be handled under warranty and prioritized accordingly.
1.4 Financing: If a financing agreement is in place, the deposit requirement is waived. The financing terms will be stated in the quote, and payments will follow the specifics of the financing arrangement.
1.5 Late Payments: Any overdue payments will incur a 2% monthly interest charge (24% APR). Legal action may be pursued at our discretion if payment is not made within a reasonable timeframe.
2. Service Calls
2.1 Payment Terms: Payment for service calls is due immediately upon completion of work. A 24-hour grace period is provided to allow for payment. Failure to provide payment within the agreed period will result in a 2% monthly interest charge (24% APR).
2.2 Cancellations
For cancellations due to external factors, no cancellation fee will apply.
However, if specialized materials (not typically in stock) were acquired for the service, a charge may be applied at our discretion.
3. Commercial Installations and Large Projects
3.1 Deposit and Payment Terms:
For commercial and large-scale projects, a 50% deposit is required prior to commencing work. The remaining balance is due upon the completion of the job, unless otherwise specified in the contract. Any additional costs or delays caused by external factors will not affect the payment schedule.
3.2 Credit Terms: Commercial clients may be eligible for a net 30 payment term, subject to approval. This means payment is due 30 days after the completion of the work, unless otherwise specified in a separate agreement.
3.3 Late Payments: Failure to make payments within the NET 30 period will result in a 2% monthly interest charge (24% APR), and legal action may be pursued at our discretion.
4. Warranty and Priority Service
4.1 Standard Warranty: We offer a 1-year standard labor warranty on all installations. Depending on the terms specified in the quote or invoice, warranties may extend up to 12 years. Please refer to your specific contract for details.
4.2 Manufacturer’s Warranty: We also provide manufacturer’s warranties (e.g., parts, compressor, heat exchanger) when applicable. These warranties are honored through us and are subject to the conditions set by the manufacturer.
4.3 Priority for Warranty-Related Work: If external delays (e.g., inspections) affect the completion of the job, any remaining work related to the warranty will be given priority to ensure the project is finished as soon as possible.
5. Access to Job Site
Failure to provide access to the job site due to customer-related issues (e.g., missed appointment, not being present on the scheduled day) will result in additional charges for any lost time or hours incurred. External factors (e.g., extreme weather) do not apply, and no additional charges will be made in those cases.
6. Changes to Scope of Work
Changes to the scope of work cannot be made after the commencement of the project unless agreed upon in writing. Any changes or additions requested by the customer will incur additional costs, which will be communicated and agreed to in writing before any further work is undertaken.
7. Cancellations
7.1 Residential Installations:
If the customer cancels the project due to external factors (e.g., regulatory rejection, denied approval), the deposit is fully refundable.
If the customer cancels without valid reasons, a 10% cancellation fee will apply.
7.2 Service Calls: For service calls, no cancellation fees apply if the cancellation is due to external factors. However, if materials not typically stocked were acquired specifically for your service, we reserve the right to charge you for the cost of those materials.
8. Force Majeure
We are not responsible for delays or failures to fulfill our obligations due to events beyond our reasonable control, including but not limited to natural disasters, strikes, governmental actions, supply chain disruptions, or other unforeseeable circumstances (force majeure). If such events occur, we reserve the right to reschedule or modify our service timelines without penalty.
9. Customer Responsibilities
It is the customer’s responsibility to obtain all necessary permits, approvals (e.g., strata approval), and paperwork required for the installation or service to proceed. We are responsible for providing any necessary documentation from our side (e.g., engineering specifications). If delays occur due to the customer’s failure to obtain these approvals, scheduling adjustments may be made to accommodate, but payment terms will not be affected.
10. Material and Supply Delays
In the event of delays in material or equipment supply outside of our control, we will inform the customer promptly. These delays do not alter the payment schedule, and additional costs or rescheduling may be required.
11. Dispute Resolution
Any disputes arising out of or relating to this agreement shall first be attempted to be resolved through negotiation between the parties. If negotiation fails, the dispute shall be submitted to binding arbitration in accordance with the laws of British Columbia. Legal action may be taken if it is deemed more appropriate at the discretion of Mendieta Air Conditioning Services Limited.
12. Refund Policy
Refunds may be issued if the services provided did not meet the terms outlined in the original quote or contract. However, refunds will not be provided if work has already been performed in accordance with the contract, and dissatisfaction does not arise from failure to meet quoted deliverables.
13. Payment Methods
We accept payments via cash, cheque, e-transfer, and credit card. For commercial clients, approved credit terms will apply as stated above.
14. Legal Action for Non-Payment
Mendieta Air Conditioning Services reserves the right to pursue legal action for failure to make payments as agreed in the contract. This includes but is not limited to the pursuit of outstanding balances, applicable interest, and any associated legal fees.
